Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-04-08

puisuabSC lHcicoij tuc SuPi S'hS ~ " VI
the land"
The power to fill vacancies under the
above quoted provision of the Constitu-
ton has several times been construed
The first case was that of VIM. Cooke,
of the State Of Tennessee. This state
wa admitted into the Union in 1896. In
the month of August of that year VIM.
Cooke and William Blount were chosen
Senators by the Legislature. Cooke
having drawn the term which expired
on March 8, 1879, during recess OF
the Legislature. was appointed by the
Governor to be his own successor, and
he was admittec-no question, so far as
the journals Of the Senate disclose, hav-
ing been raised in the case.
The second case was that Of Uriah
Tacey. Senator from the State of Con-
necticut, whose term expired the Sd
day of March 1901. Under appointment
by the Governor he was admitted to his
seat on March 4, 1901, aftera heated dis
cussion, AMI by party vote OF l3 TO 10.
In 1925. however, the loose manner
in which the requirements Of the Con-
stitution had been construed led to
fuller and better examination of the
whole subject, and in that year the case
of James Lanman, of Connecticut, was
made the basis OF a careful consideration
of the question, which resulted in the
establishment of precedent by which
the Senate of the United States was
governed for upwards of fifty years.
That occasion settled the principle that
the Constitution of the u. ). conferred
upon the Legislature alone the power to
choose Senator for a neH term, and
that when such term began, even in the
recess of the Legislature, there was not
such vacancy as authorized the Gov
ernor of State to appoint. The facts
were briefly these: James Lanman was
IL Senator from Connecticut, aud his
services expired OH March 8, 1925.
The President of the United States
had called special session of the U. 3
Senate for March 4, 1925.
There was no Legislature Of Connect
icut then in session, and there would be
none until the May following. The
Governor appointed Mr.. Lanman his
own successor. When his credentials
were presented objection was made to
the validity of the appointment, and the
subject was discussed and the result
reached which has already been in-
dicated He was rejected; and this
precedent was never departed from down
to the year 1879, when the Bell case
from New Hampshire arose.
The facts of that case were these: BY
reason of Il change in the Constitution
of the State, which took effect in Octo-
Der, 1873. ttro Legislatures were elected
in that year, one under the old Consti'
tuition chosen in March, 1878, and whose
term OF office commenced in June, 1878,
and terminated in May, 1879; the other
under The new Constitution, was chosen
in November, 1878, to serve for two
years-tne term commencing in June,
1879.
A large majority of the Committee on
Privileges and Elections in the U. ).
Senate, to whom the matter was re-
ferred, and consisting of Senators
salisbury, Benz. Ii. Hill, Bailey, ker-
nan, Houston and Vance, reported
against the validity of the appointment.
a minority report W as made signed
by Senators Hoar, Cameron, OF Wiscon-
sin, and Ingalls, In favor of the admis.
sion of Bell.
A very able ebate, running through
several days, was had upon the question
and was participated in by such men as
Benjamin Ii. Hill, Matthew Carpenter,
Roscoe Conklyn, Francis Herman, Judge
David Davis, Senators Eaton, Beck.
Wallace, Garland (at present Attorney
General of the United States, Lamar,
Pendleton and others, who denied the
right of the appointment; while Sena-
tors Edmunds, Cameron, Hoar, Bayard
and others took the opposite views. The
last named Senator tBayard) seems to
have been governed in his actions by
the following considerations: The Act
of Congress of 1866 provides that "the
Legislature of each State which Is
chosen nert preceding the expiration OF
the time for which any Senator was
elected shall choose successor.
Nov, as The Legislature Of New
Hampshire which came into existence
in Juue, 1879, was that chosen, in Mr..
Bayard's opinion, nsrt preceding The tx
piration of the Senatorial tell IN, IL alone.
in his Judgment. could elect Senator.
But this was impossible, because. when
the vacancy occurred March 4, 1879,
that Legislature. although then chosen.
had no power to elecI-no Legislature or
other porer eristing until the June i Aoc-
inq such racancy. Besides, the u. D.
Senate, by resolution passed ii seems
lille the old Legislature was in session
(but which few Senators appear TO nave
known much about expresse the opin-
ion that that Legislature had 10 power
10 elrct.
Mr.. Bayar,, thought that under these
circumstances M. Bell ought 10 he ad-
mitted aud he accordingly so voted.
The very able debate upon this ques
ton turned largely upon the pivotal
words, happen byresigndtion or othgrrisS
-''and il any Vacancies happen by res-
lgnation or otherwise during the recess
OF the Legislature Of any State the Ex-
eculive thereof may make temporary APP